Two defence lawyers in the multi-million-dollar dispute over a charter flight to Israel have urged the court to dismiss Fiji Airways’ summary judgment application and allow the matter to proceed to trial, citing serious factual disputes.
Lawyers Aca Rayawa and Pita Niubalavu argued that key issues require full examination, including who had the authority to act, whether the correct parties are named (trustees, individuals, or organisations), payment amounts, and the timing of the flight.
Mr Rayawa, representing ICEJ trustees Viliame Gonelevu, Aisake Kunanitu, and Ana Soqeta, submitted that Mikaele Mudreilagi acted fraudulently by acting as a trustee or national director of the International Christian Embassy Jerusalem (ICEJ).
He said the organisation had no knowledge of the transaction and denied any affiliation with Mr Mudreilagi.
Mr Rayawa claimed Mr Mudreilagi admitted this, apologised, and would testify in the trial.
He said Mr Mudreilagi would be referred to the police and suggested that passengers on the flight should be sued to recover costs.
Mr Niubalavu, representing Pastor Manasa Tuqani Kolivuso, argued the charter agreement was signed under pressure and without legal advice.
Lawyer for Fiji Airways, Nilesh Prasad, submitted that there was email correspondence showing Mr Mudreilagi used the ICEJ letterhead and email to negotiate payment terms.
Payments were scheduled for September 11, 18, and 25, but default occurred. A deed of forbearance was later entered into before the flight departed on September 28, 2023.
Following further default, the airline filed proceedings seeking $3,163,013.40 plus interest and costs. A $20million libel counterclaim has been challenged as disclosing no reasonable cause of action.
The matter is adjourned to May 27 for written submissions before Acting Master of the High Court Liyanage Kashyapa Wickramasekara.
